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Case Name | Dial v. State of Wyoming | |
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Date | 03/14/2011 | |
Note | Substantial evidence showed that a compensable neck injury prevented a worker from earning a wage similar to the wage at his preinjury job. | |
Citation | S-09-0091 | |
WCC Citation | WCC 552011 WY |
SANDRA MAHAFFEY, as Personal Representative of the Estate of DONALD DIAL, Appellant (Respondent), v. STATE OF WYOMING ex rel. [¶ 1] After suffering a compensable work injury, Donald Dial applied for permanent partial disability (PPD) benefits in accordance with the Wyoming Workers' Safety and Compensation Act. Dial was working as a counter sales person for Howard Supply Company in Casper, Wyoming. Dial "failed to establish, by a preponderance of [the] evidence, that he was incapable of finding employment in Wyoming at a wage that was at least 95% of the pre-injury wage. "Zondag found that Dial would be at maximum medical improvement by October 28, 2005 and gave Dial a 26 percent impairment of the whole person.
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